Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Voluntary retirement scheme |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Voluntary retirement scheme – Employee soughtwithdrawal of application for voluntary retirement – Denial ofrequest and employee retired from service – Writ petition challengingvoluntary retirement – High Court allowed the employee to continuein service – Said order set aside by this Court – Application forclarification as to whether the appellant-Bank, being a subsidiary,the benefit of the judgment would be available to the appellant-Bank– Clarification application allowed – Review thereagainst alsodismissed – Subsequently, employee retired from service and ex-gratia payment credited to his account – Application by employeeseeking enhanced ex-gratia payment – Withdrawal of the saidapplication with liberty to pursue alternative remedy – Thereafter,employee filing writ petition seeking resurrecting of the judgmentwhereby employee was retired from service – Dismissal by the SingleJudge, however, set aside by the Division Bench – On appeal, held:High Court was not correct in its approach in reopening the case ofthe employee – It is a Judgment in personam – For all intents andpurposes, employee is bound by that judgment for ever – Respondentprayed to seek enhanced ex-gratia, which was withdrawn with liberty– It appears that under the cover of the liberty granted to pursueany alternative remedy, a fresh writ petition was filed, whichultimately led to the impugned judgment – Thus, order passed bythe Division Bench set aside – Bank directed to pay an amount ofRs. 1,00,000/- by way of compensation in full and final settlementof all the claims. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2018 INSC 297 |
Petitioner | State Bank Of Patiala |
Respondent | Kanwal Nain Singh |
SCR | [2018] 3 S.C.R. 858 |
Judgement Date | 2018-04-03 |
Case Number | 2469 |
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